he was charged in a drunk driving incident that killed his teammate jerry brown. >> gretchen: because he is famous are the courts trying to set an example. here is a look at the courtroom battle ahead. you are a defense attorney. what was the bail supposed to have been set? >> the purpose of bail to make sure he will come back. he is recognizable figure . he's not average size or weight . it is not easy for him to sneak around. it is one of his dear, dear friends that was killed and so the presumption is he will not run can anywhere. half million is like murder bail or something high. his defense attorney said you should have taken a zero off and it should have been $50,000. >> gretchen: he did kill somebody. >> but the trend in united states of america unlike 10 years ago. if you kill somebody and you are behind the wheel with a dwi. it is treated not as intentional murder but one rung under that. he's facing jail time not 60 but years in jail. >> brian: would the average person be out in a similar situation if they were regular citizens. >> between $ep i to $100,000. >> brian: you a